R. Hoe & Co. v. Crown Cork & Seal Co.

Judgment in favor of plaintiff, unanimously modified, on the law and the facts, so as to reduce the net amount thereof by the sum of $11,399, and as so modified, affirmed, on the law, on the facts, and in the exercise of discretion, with $50 costs to plaintiff-respondent. A motion for a mistrial is addressed to the sound discretion of the Justice presiding at the trial. The trial, resulting in the judgment herein, had commenced on February 5, 1964. On February 25, the fourteenth day of trial, and in the course of the tenth day of the presentation of the defense, Mr. Shapiro, trial counsel for…